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the laws in this area are strict compliance laws, and they are very specific. the federal law since 1990 indicates issues from 1998. all businesses, such as a grocery store, a dentist's office, restaurants, a doctor's office, virtually anything that a member of the public comes into the -- comes into needs to be a barrier-free. we will go over what barriers are. every public accommodation needs to be wheelchair-accessible. there are also other other forf disability. most of the issues we are hearing about are wheelchair accessibility issues. there is a small group of private individuals who are wheelchair-down that go around the city and they look at small businesses. and i dare say anybody in small restaurants have some accessibility issues. it is another attempt at making your building wheelchair accessible. i am not sure which of you may be merchants and which it may be landlords. the law applies to both. and that means you were 100% liable for any barriers to access and any damages that may be associated with those barriers. there are ways you can defend yo
the laws in this area are strict compliance laws, and they are very specific. the federal law since 1990 indicates issues from 1998. all businesses, such as a grocery store, a dentist's office, restaurants, a doctor's office, virtually anything that a member of the public comes into the -- comes into needs to be a barrier-free. we will go over what barriers are. every public accommodation needs to be wheelchair-accessible. there are also other other forf disability. most of the issues we are...
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Oct 9, 2012
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the law has a bright line. it says if you engage in a wongful action, there is a defense called the insanity defense which never works as most of us know because we don't recognize it. should we recognize it, that's an interesting question. should we have a more robust concept of diminished responsibility in light of the understanding that some people have less control over their preferences and desires or should we have better sentencing schemes or get rid of incarceration and come up with different models of trying to deal with punishment once we understand people have wrong selections. i think those are all interesting questions, but is there free will? well, the fact that almost everybody in the audience raised either their right or left hand contemplated it and were quickly able to act and respond. that to me says, yes, there is. now what do we want to do about it? now that we understand that those of us in the audience or up here that like chocolate cake may not have control over it, how do we want to acc
the law has a bright line. it says if you engage in a wongful action, there is a defense called the insanity defense which never works as most of us know because we don't recognize it. should we recognize it, that's an interesting question. should we have a more robust concept of diminished responsibility in light of the understanding that some people have less control over their preferences and desires or should we have better sentencing schemes or get rid of incarceration and come up with...
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the third one was the utilization of law enforcement resources. we see that with marijuana and other drugs and by in large they say let the cops focus on real crime, predator crimes, violent crimes, not prioritize the simple ones. [applause] >> i want to give everyone on the panel one last chance to make any closing remarks. >> realignment was a good sign public sentiment has changed. the polls out there, the public wants accountability but sensible accountability, and i think 1506 gives us that. and i think the comment was made in each of the economies but in fact what we found, when you have realignment, all 58 counties deciding what to do, if we just look at the incarceration rates across each of the counties, fresno, like county, population demographics to san francisco. and it's a law that impacts on a statewide basis is more sensible than leaving it up to each county because then you'll end up with 58 different styles and methods of criminal justice. >> tal? >> i'm the public defender and it's my job to push the envelope. it's one thing to t
the third one was the utilization of law enforcement resources. we see that with marijuana and other drugs and by in large they say let the cops focus on real crime, predator crimes, violent crimes, not prioritize the simple ones. [applause] >> i want to give everyone on the panel one last chance to make any closing remarks. >> realignment was a good sign public sentiment has changed. the polls out there, the public wants accountability but sensible accountability, and i think 1506...
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so the twin pillars of the criminal law don't really apply. but i'm not sure that the psychologists who do psychological testing and i.q. or the neuroscientists have really connected up the constitutional reasons why because it may be that they're substructures of i.q. that are more relevant to the eighth amendment question. it's not a general i.q. score that is ultimately relevant. in fact, the california supreme court has dealt with exactly that question of what subscales might be constitutional relevant rather than the global i.q. score. >> one question here which i think is very interesting. in my community, we strongly feel that diet plays a strong diagnosis of the violence we see, the intake of sugar which is heavily consumed is a factor. what is your take on that? >> diet certainly plays a role in controlling and behavior. you know, i'm not that familiar with all of the different science associated with different dietary restrictions and other types of things. you can certainly reduce the instance of aggression in animal models by putti
so the twin pillars of the criminal law don't really apply. but i'm not sure that the psychologists who do psychological testing and i.q. or the neuroscientists have really connected up the constitutional reasons why because it may be that they're substructures of i.q. that are more relevant to the eighth amendment question. it's not a general i.q. score that is ultimately relevant. in fact, the california supreme court has dealt with exactly that question of what subscales might be...
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Oct 2, 2012
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so now we have, and again, the law uses science for the law's own purposes, but what is problematic here is the disconnect. from the criminal side, if you lack emotional control, you go to prison because you can't win under the test because the test doesn't apply. when you walk out of prison and you lack emotional control, you get civilly committed. so what we have is a fundamental disconnect between how we view philosophy of free will and human control on the criminal side versus the civil side and not surprisingly on both sides "the state wins" because on the criminal side you go to prison and on the civil side, you get incarcerated civilly. >> i don't think that's much of a disconnect. i think -- so i agree with you the test has changed. that's not what i'm talking about. if you look at the kind of distribution of behavior, right, if we think the people at the high end of the distribution have perfect control of their impulses and perfect control over acting on their preferences. i like chocolate cake but it gives me migraines. i try not to have it because it tends to trigger if. mayb
so now we have, and again, the law uses science for the law's own purposes, but what is problematic here is the disconnect. from the criminal side, if you lack emotional control, you go to prison because you can't win under the test because the test doesn't apply. when you walk out of prison and you lack emotional control, you get civilly committed. so what we have is a fundamental disconnect between how we view philosophy of free will and human control on the criminal side versus the civil...
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Oct 4, 2012
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allowances from the city to qualify where rental rates are restricted, that is my understanding of the law; and not sure what this project is getting that allows it to have rental housing units on-site. >> planning staff, there is a cost agreement with this project, included with the original condition material that went out for the september 6th hearing. >> i read that before, but i'm still not clear. there was a variance. it's still present? that may be viewed as the element as a part that allows this to be compliant. >> a variance both for the -- and dwelling unit exposure. >> i heard heard testimony about a variance not being necessary anymore. >> it is not anymore. >> you have a backup revision if this were found to be noncompliant? i'm not saying they would be. if there were a challenge to cost of hawkins, you could have a position that you can do an inlieu fee or -- so the project to go forward. we always allow for that contingency if it were to happen. mitty mr. slider can elaborate. >> yes. section 415 of the planning code would apply, 20%, if funding does not materialize. >> i co
allowances from the city to qualify where rental rates are restricted, that is my understanding of the law; and not sure what this project is getting that allows it to have rental housing units on-site. >> planning staff, there is a cost agreement with this project, included with the original condition material that went out for the september 6th hearing. >> i read that before, but i'm still not clear. there was a variance. it's still present? that may be viewed as the element as a...
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Oct 8, 2012
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there's really innovative things that are happening, and that our public banking laws being lodged in a number of -- i think it is, like, 13 states right now. very innovative things happening. in the back. >> there are a lot of assets you are sharing that are really great at the grassroots level and bottom-up, but there are also things that are done the need to be shared such as public transit that cannot be done bottom-up and have to be done top down. i wonder is there a way a sharing economy can create those projects, or do we have to rely on residual benefits of bottom- up activity like reducing car use? >> the question is -- there are a lot of grassroots bottom-up activity, sharing resources, but there are also opportunities to take macro approaches like public transportation, for instance, and how we can get some of those opportunities going. >> i will take this. i think that is a really good question. i think there is a role both bottom-up and top down, and i think it is a conversation we're going to have in the working group to get these ideas that are coming from our community
there's really innovative things that are happening, and that our public banking laws being lodged in a number of -- i think it is, like, 13 states right now. very innovative things happening. in the back. >> there are a lot of assets you are sharing that are really great at the grassroots level and bottom-up, but there are also things that are done the need to be shared such as public transit that cannot be done bottom-up and have to be done top down. i wonder is there a way a sharing...
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s associations and call for various types of reforms for the drug laws and drug enforcement. i think that the -- one of the contexts that's so important here and people so often lose sight of is that this bill, 1506, is a small effort in the state of california and in the country of the united states to try to roll back the horrendous rates of incarceration that have happened in this country over the last 30 years. i mean, that's the context, right? the united states, i think most of you know these numbers now, but we're less than 5% of the world's population but almost 25% of the world's incarcerated population. we rank first in the world in the per capita incarceration of our fellow citizens. the russians are fading fast in second or third place together with the belarus people. the rates of the incarceration are five, six, seven, eight times than most in other societies, europe and elsewhere, though their rates of nonviolent crime and drug use are not that much different than ours. so if another country were to lock up its own people at the rate that we do, and if our rate
s associations and call for various types of reforms for the drug laws and drug enforcement. i think that the -- one of the contexts that's so important here and people so often lose sight of is that this bill, 1506, is a small effort in the state of california and in the country of the united states to try to roll back the horrendous rates of incarceration that have happened in this country over the last 30 years. i mean, that's the context, right? the united states, i think most of you know...
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this is not to give the law- enforcement a short shrift. i have had an impact on my husband's life, some of the unwanted. but he has had an impact on mind. i have done extensive work with law enforcement, with the lapd and the los angeles county sheriff's. i am here to tell you that crime has been driven down in los angeles because of their efforts, but not only because of their efforts. so what does the collaboration look like. i want you to keep some ideas in mind. there is no first among equals. what we learned in los angeles was that oppression alone was not the answer. it did not work. there were record highs in gang violence in 2005. i want to tell you what has happened between 2005 and 2012. number one, the grass roots -- the disorganize, fragmented, passionate grass roots must be part of this. the community members who go to county supervisors meetings, the members who pass out fliers, the youths who have been in the juvenile justice system that are now part of the coalition -- those individuals must have a seat at the table. no. 2.
this is not to give the law- enforcement a short shrift. i have had an impact on my husband's life, some of the unwanted. but he has had an impact on mind. i have done extensive work with law enforcement, with the lapd and the los angeles county sheriff's. i am here to tell you that crime has been driven down in los angeles because of their efforts, but not only because of their efforts. so what does the collaboration look like. i want you to keep some ideas in mind. there is no first among...
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she had had 16 tax cuts signed into law to help small businesses grow and thrive. as we know, during the last 15 years, small businesses account for about 2/3 of the job growth in our country, but when the bush recession hits in 2009, 2010, small businesses were hit particularly hard. small businesses are the center of her agenda. congress under her leadership gave 27 million small businesses tax cuts. two main pieces of legislation -- the small businesses jobs act in the information you have, will create a total of 500,000 jobs and create eight tax cuts. they are all described in the packet you have. also, unleashing up to $300 billion in credit for small businesses to access. there are another eight tax cuts that were passed through a number of different laws. some of our panelists will address those. even though now we are in an environment where there is a republican majority in the house and a slimmer majority in the senate, please note that the leader and democrats are going fight hard to keep their agenda and restart our economy, and there will be more work
she had had 16 tax cuts signed into law to help small businesses grow and thrive. as we know, during the last 15 years, small businesses account for about 2/3 of the job growth in our country, but when the bush recession hits in 2009, 2010, small businesses were hit particularly hard. small businesses are the center of her agenda. congress under her leadership gave 27 million small businesses tax cuts. two main pieces of legislation -- the small businesses jobs act in the information you have,...
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of overlapping laws, all of which require essentially the same thing. did different measures of damages and other things. the lawyers will sue you on these various labels. they all really say the same thing. the purpose of that letter is to establish damages. the first thing to do when you get that letter is to have your place it inspected. if you have done so, let the person know that you have had the place inspected. that makes the case go away. certainly, it lessens the likelihood you were going to be sued. if you need more time, talk to the tenants or talk to the person suing you, sending you the letter. get some additional time. they do not have elyria. what you need to do is find out what your rights are, and if you need to make repairs or remediations, do it because you are going to have to do it sometime during the course of litigation if there is a problem with access to your premises, so long as the renovations are readily achievable. if it does not so much cost that it is so excess of for the amount of revenue being generated for your busines
of overlapping laws, all of which require essentially the same thing. did different measures of damages and other things. the lawyers will sue you on these various labels. they all really say the same thing. the purpose of that letter is to establish damages. the first thing to do when you get that letter is to have your place it inspected. if you have done so, let the person know that you have had the place inspected. that makes the case go away. certainly, it lessens the likelihood you were...
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, making drug possession laws that punish as a felony would now be punished as a misdemeanor. the new legislation, sb-1506, does not apply to anybody involved in selling or manufacturing drugs. the stated purpose of the bill is that it would help alleviate overcrowding in state prisons and county jails, and ease pressure on california's court system and result in millions of dollars in annual savings for both state and local governments. senator mark leno who couldn't join us today as been quoted as saying, quote, there's been no evidence to suggest long prison sentences deter or limit people from abusing drugs. in fact, time behind bars and felony records often have horrible, unintended consequences for people trying to overcome addiction because they are unlikely to receive drug treatment in prison and have few job prospects and educational opportunities when they leave. this legislation will help implement public safety realignment and protect our communities by reserving prison and jail space for more serious offenders. commenting on the fact 13 other states have moved in
, making drug possession laws that punish as a felony would now be punished as a misdemeanor. the new legislation, sb-1506, does not apply to anybody involved in selling or manufacturing drugs. the stated purpose of the bill is that it would help alleviate overcrowding in state prisons and county jails, and ease pressure on california's court system and result in millions of dollars in annual savings for both state and local governments. senator mark leno who couldn't join us today as been...
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Oct 4, 2012
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the state laws and the local law says that there's still smoking inside of restaurants. and the ordinance does not allow or provide any provision to allow restaurants or cafes to smoke indoors or outdoors. and i -- or any type of business to smoke, if they're located in a residential building. and since june 2010, nile cafe knew, through meetings with me, phone calls, we've had several phone calls, and notices. the first written notice was the denial of the exemption that went out november 2010. the second notice was the notice to comply. that went out august 2011. and then there was two notices of violation issued on 2012. and that was all before we even met with the director of public health. so nile cafe h written notificas between november 2010 and may 2012. but they still made the choice to violate the health code. and therefore there should not be reversal or reduction of the suspension or order. the nile cafe once they comply with the suspension and want to -- they can contact me and we'll be willing to meet with them but i think they need to comply with the law f
the state laws and the local law says that there's still smoking inside of restaurants. and the ordinance does not allow or provide any provision to allow restaurants or cafes to smoke indoors or outdoors. and i -- or any type of business to smoke, if they're located in a residential building. and since june 2010, nile cafe knew, through meetings with me, phone calls, we've had several phone calls, and notices. the first written notice was the denial of the exemption that went out november...
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Oct 5, 2012
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they make laws that we have to follow. it gives me great pleasure to introduce the president of the board of supervisors, david chiu. [applause] >> good afternoon. first, if any of you have ever wondered what an ls -- and elected officials sounds like with anesthesia and his mouth, i want to let you know that i got out of a dental chair 20 minutes ago after a few hours of dentists work. but i wanted to give a few remarks of how i think we are doing. i'm very much more are optimistic about how we're doing than four years ago. i read an article from the chronicle and it said that the candidates disagreed on everything, except for the need to crack down on entertainment violence. i did not propose anything for the first six months until there were half a dozen people affected. that was followed by a terrific shooting, which was then followed by an incident in union square. i want to take a moment and thank the san francisco police department for your input. if we pass legislation to require additional security requirements an
they make laws that we have to follow. it gives me great pleasure to introduce the president of the board of supervisors, david chiu. [applause] >> good afternoon. first, if any of you have ever wondered what an ls -- and elected officials sounds like with anesthesia and his mouth, i want to let you know that i got out of a dental chair 20 minutes ago after a few hours of dentists work. but i wanted to give a few remarks of how i think we are doing. i'm very much more are optimistic about...
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my case, sunshine case, that found supervisors wiener, colen, chiu and mar and they broke the state law and that is why this case is in court. they shut down sunshine and the retaliation was so strong i was evicted from my home and because i was raised right i would do it over again, and once i am elected one of the law enforcement officials will swear me in. >> i am mr. garcia and have the diseepest experience of anyone. i have many years and seven years as an educators and taught there and president of board of ethics and board of appeals and 25 years of experience in doing service to the neighborhood. i am supported by the incumbent and scott wiener and others and i want very bad to be your supervisor and i am asking for your support and there's give me your vote on november 6. thank you. >> hi. i am joel io and i am running for supervisor and they have a way of looking at the happy meals but can't fill pot holes. where is the common sense? and many paid twice to fill the pot holes and where is the accountability of our money? so if you're tired of your house being the city's atm, if
my case, sunshine case, that found supervisors wiener, colen, chiu and mar and they broke the state law and that is why this case is in court. they shut down sunshine and the retaliation was so strong i was evicted from my home and because i was raised right i would do it over again, and once i am elected one of the law enforcement officials will swear me in. >> i am mr. garcia and have the diseepest experience of anyone. i have many years and seven years as an educators and taught there...
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race or class you can access treatment and move on with your life and another one where because of law enforcement tactics and focus, you end up caught up in a system where you can never move on. you're permanently trapped and weighed down by having a felony conviction. the reason i call it a war on crumbs is the type of people we see at the hall of justice, i brought with me some props. i brought with me a sweetener packet. this is a gram of sweetener. most of the time this is on the high end of the amount of narcotics we see people in possession of. sometimes people have two or three sweetener packages on them and we call them drug dealers, you know. that's why we call it a war on crumbs because the amounts we are talking about are mine us schedule. -- minnesota us schedule. the fact -- are miniscule. and based on less than a packet of sweetener, to me is outrageous. and to me this is a positive first step, in my opinion, because at least you remove some of the stigma attached to this type of issue which in my opinion should be a public health issue. it's a public health issue for a
race or class you can access treatment and move on with your life and another one where because of law enforcement tactics and focus, you end up caught up in a system where you can never move on. you're permanently trapped and weighed down by having a felony conviction. the reason i call it a war on crumbs is the type of people we see at the hall of justice, i brought with me some props. i brought with me a sweetener packet. this is a gram of sweetener. most of the time this is on the high end...
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but if i can read through a list of handouts, what are the other laws that apply to existing new buildings, and what is covered, so you do not think it is just green buildings covering everything? so, for example, and this must be tangential, but regulations have been required in the building code since 1974. has to do with the quality of life and your environment. living in a quieter city as part of the overall concept of what makes our city a more habitable, hospitable place. i argue that that is a green building feature, as well. since 1974, we have a lot of stuff. energy and water conservation. these are already required to be provided at the time of sale of the building. it is very limited at the moment, energy and water conservation. you have to make sure you have a certain volume, 1.6. gallons per flsh. there is an interesting approach to green building, the historical approach, part of the state building code. and what the state says is that where it is a qualified historic building, more than 50 years old and with some historical value -- it does not have to be a resource, but it
but if i can read through a list of handouts, what are the other laws that apply to existing new buildings, and what is covered, so you do not think it is just green buildings covering everything? so, for example, and this must be tangential, but regulations have been required in the building code since 1974. has to do with the quality of life and your environment. living in a quieter city as part of the overall concept of what makes our city a more habitable, hospitable place. i argue that...
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have over 70 law schools and students who have unlimited access to this level. and so in large part, what we are trying to do, or what i have done, is tried to restore faith here in our government institutions by seeing how our court system works. your court system is not perfect, but when people see how our jury system actually works and learn about that, it is one step closer to again, reengaging a citizen in government. and we have to use technology, it is one of those credible tools that while people are disenfranchised in what is going on in sacramento with the lack of transparency, we can have a much more service-oriented government that reengages people. >> so speaking of service orientation, what do you think that the government should do? and where should the government step aside? >> in terms of... >> what do you think is the role of government? it is a very general question. >> so, the role of government is to provide basic services that the private sector would just not provide. i mean, education, i mean, it is infrastructure, that means social servi
have over 70 law schools and students who have unlimited access to this level. and so in large part, what we are trying to do, or what i have done, is tried to restore faith here in our government institutions by seeing how our court system works. your court system is not perfect, but when people see how our jury system actually works and learn about that, it is one step closer to again, reengaging a citizen in government. and we have to use technology, it is one of those credible tools that...
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Oct 2, 2012
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given that that there is a discrepancy between federal and state law on that, strong beliefs that people have about it, we make a pledge that we will look at every loan to make sure there is positive community impact. i think that is at least controversial enough to choose not to do it. we have not had a request yet, so i have not had to rule on that. >> we have a question in the back. >> i wanted to ask wells fargo, what is your interest rate on a loan? >> 6%. 2.75% over prime. >> ok. the second question, is a line of credit like a payroll advancement? i am a small business. just recently got contracts in san francisco. as you say, they pay slow. i want to get a loan for $50,000, but i do not want to pay the interest. i would like to get a payroll advancement where the money is available to me, should i needed for payroll. if i should need it, i can get that money. when the city pays me back, i pay them back, but that line of credit is still there. is that what they line of credit is? >> yes, ma'am. as you have a need for something to pay -- in this case, your bills -- before you get yo
given that that there is a discrepancy between federal and state law on that, strong beliefs that people have about it, we make a pledge that we will look at every loan to make sure there is positive community impact. i think that is at least controversial enough to choose not to do it. we have not had a request yet, so i have not had to rule on that. >> we have a question in the back. >> i wanted to ask wells fargo, what is your interest rate on a loan? >> 6%. 2.75% over...
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we need more boots on the ground and will at the political level to enforce the law and appears that we need state level support as well. >> thank you, so this is a big picture question. miss dillon. >> what do you think that the legislature can do to address the systemic problems with the finances. >> that is a big picture question, it is a tough question. i think that in the long term a lot of the problems that we have here in the budget relate to the ease at which citizens can put ballot box budgeting measure into his our state rule books and they don't sunset and the legislature has increasing little control as well as the government what can and cannot be cut every year. this is a problem that is not caused by democrats or republicans or the structure of our system. that is one thing that i would try to change is have legislation passed that would allow any such provisions that are sponsored by citizens and maybe even provisions that are sponsored by legislatures such as a senator to sunset or be examined regularly by some type of a commission. as to whether they remain valid. t
we need more boots on the ground and will at the political level to enforce the law and appears that we need state level support as well. >> thank you, so this is a big picture question. miss dillon. >> what do you think that the legislature can do to address the systemic problems with the finances. >> that is a big picture question, it is a tough question. i think that in the long term a lot of the problems that we have here in the budget relate to the ease at which citizens...
and it's a law that impacts on
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Oct 1, 2012
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well then i am for enforcing the law. >> thank you ma'am. mr. lagos. >> short term rentals is something i know about having lived in mark merced because our landlord rents out them on a nightly or weekly basis and i am oppose to that. i am opposed at the whole idea of renting out short term rentals to people, so i would be opposed to taxation on those units because i am opposed to the whole idea of short term rentals because they deprive people from affordable housing and it's an end around rent control. >> mr. rogers. >> i think that's a good point. i have a frent who has a rental unit down stairs and has an agency that is providing her people that would stay there and they were people that were travelers and they would stay for a month and then she would look for another tenant there and it would be another two months before she got a tenant and stay a month or two weeks so it went, so she wasn't making a lot of money. the idea that it should be rented out as a steady income to people who wanted to stay there 12 months out of the year is r
well then i am for enforcing the law. >> thank you ma'am. mr. lagos. >> short term rentals is something i know about having lived in mark merced because our landlord rents out them on a nightly or weekly basis and i am oppose to that. i am opposed at the whole idea of renting out short term rentals to people, so i would be opposed to taxation on those units because i am opposed to the whole idea of short term rentals because they deprive people from affordable housing and it's an...
SFGTV2: San Francisco Government Television
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related to rent control laws and this type of thing. so it makes sense. and it would also help, i think, fund their operations and i think there is a need for housing counseling in a city where the rents are so high and the abuses are still present. so i think it's a great situation. i think it's a win-win. >> miss selby. >> i think i didn't understand the question in the first place, because when i answered it i was wondering why are we only authorizing non-profit housing organizations and why not authorize everybody? i don't think i really understood the question as to why specifically non-profit housing organizations? i think if you are going to have restrictions on short-term rentals, there should be a way to be able to make sure that that happens. whether it's through a non-profit housing organization or through another means in the city. then i think you need to be able to enforce legislation, if you have it in place. so that makes sense to me. >> thanks. mr. everett? >> your question reads like a law school exam question, by the
related to rent control laws and this type of thing. so it makes sense. and it would also help, i think, fund their operations and i think there is a need for housing counseling in a city where the rents are so high and the abuses are still present. so i think it's a great situation. i think it's a win-win. >> miss selby. >> i think i didn't understand the question in the first place, because when i answered it i was wondering why are we only authorizing non-profit housing...